- Latest available (Revised)
- Point in Time (04/08/2000)
- Original (As enacted)
Version Superseded: 24/07/2002
Point in time view as at 04/08/2000. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Betting and Gaming Duties Act 1981, Section 25.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F1(1)A machine is an amusement machine for the purposes of this Act if—
(a)the machine is constructed or adapted for the playing of any game (whether a game of chance, a game of skill or a game of chance and skill combined);
(b)the game is one played by means of the machine (whether automatically or by the operation of the machine by the player or players);
(c)a player pays to play the game (except where he has an opportunity to play without payment as a result of having previously played successfully) either by inserting a coin or token into the machine or in some other way;
(d)the machine automatically—
(i)applies some or all of the rules of the game or displays or records scores in the game; and
(ii)determines when a player who has paid to play a game by means of the machine can no longer play without paying again;
and
(e)the machine is a gaming machine, a video machine or a pinball machine.
(1A)A machine constructed or adapted for the playing of a game is a gaming machine for the purposes of this Act if—
(a)it is a prize machine;
(b)the game which is played by means of the machine is a game of chance, a game of chance and skill combined or a pretended game of chance or of chance and skill combined; and
(c)the outcome of the game is determined by the chances inherent in the action of the machine, whether or not provision is made for manipulation of the machine by a player;
and for the purposes of this subsection a game in which the elements of chance can be overcome by skill shall be treated as a game of chance and skill combined if there is an element of chance in the game that cannot be overcome except by superlative skill.
(1B)A machine constructed or adapted for the playing of a game is a video machine for the purposes of this Act if—
(a)a micro-processor is used to control some or all of the machine’s functions; and
(b)the playing of the game involves information or images being communicated or displayed to the player or players by means of any description of screen F2. . ..
(1C)For the purposes of this Act an amusement machine is a prize machine unless it is constructed or adapted so that a person playing it once and successfully either receives nothing or receives only—
(a)an opportunity, afforded by the automatic action of the machine, to play again (once or more often) without paying, or
(b)a prize, determined by the automatic action of the machine and consisting in either—
(i)money of an amount not exceeding the sum payable to play the machine once, or
(ii)a token which is, or two or more tokens which in the aggregate are, exchangeable for money of an amount not exceeding that sum.]
[F3(4)Subject to subsection (5) below, for the purposes of determining whether a machine is [F4a machine of any description]][F5other than an excepted video machine falling within section 21(3A)(d) above] it is immaterial whether it is capable of being played by only one person at a time, or is capable of being played by more than one person.
[F6(5)For the purposes of sections 21 to 24 above a machine (the actual machine) in relation to which the number determined in accordance with subsection (5A) below is more than one shall be treated (instead of as one machine) as if it were a number of machines (accountable machines) equal to the number so determined.
(5A)That number is—
(a)except where paragraph (b) below applies, the number of individual playing positions provided on the machine for persons to play simultaneously (whether or not while participating in the same game); and
(b)where—
(i)that machine is a video machine but not a gaming machine, and
(ii)the number of such playing positions is more than the number of different screens used for the communication or display of information or images to any person or persons playing a game by means of the machine,
the number of such screens.
(6)Subsection (5) above does not apply [F7for the purpose of determining whether a machine is an excepted video machine falling within section 21(3A)(d) above, or in the case of a pinball machine or a machine that is an excepted machine]].
(7)Any question whether the accountable machines are, or are not, machines falling within any of the following descriptions, that is to say—
(a)gaming machines,
(b)prize machines,
(c)small-prize machines, F8. . .
[F9(cc)medium-prize machines,
(cd)ten-penny machines, or]
(d)five-penny machines,
shall be determined according to whether or not the actual machine is a machine of that description, with the accountable machines being taken to be machines of the same description as the actual machine.
Textual Amendments
F1S. 25(1)-(1C) substituted for s. 25(1)-(3) (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 6(1).
F2Words in s. 25(1B)(b) repealed (28.7.2000 with effect as mentioned in Sch. 2 para. 7(2) of the amending Act) by 2000 c. 17, ss. 17, 156, Sch. 2 para. 5(1), Sch. 40 Pt. I(3) Note
F3S. 25(4)-(9) substituted (27.7.1993 with application in relation to licences for any period beginning on or after 1.11.1993) for s. 25(4) by 1993 c. 34, s. 16(6)(9)
F4Words in s. 25(4) substituted (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 6(2).
F5Words in s. 25(4) inserted (31.7.1998) by 1998 c. 26, s. 14(3)(a)(4).
F6S. 25(5)-(7) substituted for s. 25(5)-(9) (1.5.1995) by 1995 c. 4, s. 14, Sch. 3 para. 6(3).
F7Words in s. 25(6) substituted (31.7.1998) by 1998 c. 36, s. 14(3)(4)
F8Word in s. 25(7)(c) repealed (28.7.2000 with effect as mentioned in Sch. 2 para. 7(1) of the amending Act) by 2000 c. 17, ss. 17, 156, Sch. 2 para. 5(2), Sch. 40 Pt. I(3) Note
F9S. 25(7)(cc)(cd) inserted (28.7.2000 with effect as mentioned in Sch. 2 para. 7(1) of the amending Act) by 2000 c. 17, s. 17, Sch. 2 para. 5(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: